Sharing POA

[traskjlt]

Minnesota

Can my wife and I share the same POA on my mother? I currently have POA on my mother!

 

[Dandy Don]

Why would you want to do that--it would only cause complications? Shouldn't only one person have authority to spend someone else's money? Why was POA given to you?

 

[traskjlt]

Sharing POA - Why

I have POA for my mother who is in a nursing how with dementia. My question is dealing with the situation where I would become incopacitated and someone would have to act for my mother in my place.

 

[Dandy Don]

Since your mother would not have the capacity to grant anyone else POA, whoever takes your place would need to file for conservatorship through family law court or consulting a family law attorney about how to do this. Perhaps you could tell this to someone whom you might suggest as a replacement for you.

 

[FlyingRon]

If your mother is competent to grant POA, what normally is done is to prepare a power of attorney that names you and then name an alternate person who will serve in the event you are unable or unwilling to act as the attorney.

Mine is written exactly that way. My wife is my primary on my general and medical POA's. My (adult) daughter is named as the backup (and I think my sister, also an attorney is a third backup).